Kaneezan Bibi has also been diagnosed with the same severe lifelong mental illness
(Schizophrenia) and Ghulam Abbas suffers from cognitive/intellectual impairment.
Learned counsel further contended that in the face of these mental illnesses, it is
inhumane to execute the sentence of death of these condemned prisoners. While
referring to certain provisions of the Prison Rules, 1978 (Rules), learned counsel
contended that from a wholistic reading of the referred Rules, it can safely be
inferred that the condemned prisoners, because of their serious mental illness, are
unable to understand and follow the mandatory procedures required to be followed
before their execution. Therefore, learned counsel prayed that this Court may
consider serious mental illness of the condemned prisoners as a mitigating
circumstance for converting their sentences of death into imprisonment for life.
16. However, learned counsel for the complainant (in the case of condemned
prisoner Imdad Ali) opposed the prayer of the learned counsel for the condemned
prisoner and argued that at the time of commission of crime, Imdad Ali was
mentally fit and knew the consequences of his action. He further argued that at this
belated stage, when he has virtually exhausted all the remedies available to him
under the law, he is not entitled to any indulgence.
17. Brigadier (Retd.) Professor Dr. Mowadat Hussain Rana, learned amicus,
apprised the Court about the concept and nature of different mental diseases. He
stated that unlike physical illnesses, mental disorders are misunderstood by
majority of the people. He elaborated that there are myths and misconceptions
surrounding mental illnesses, their causes, consequences, and the way they
influence human behavior and even the enlightened sections of the society consider
mental illness a curse.
18. He was of the view that even in legal circles, mental illnesses are
inadequately understood often raising suspicion and doubt. He expressed his view
that many in the legal profession consider mental illnesses as abstract conditions
that are more "in the air" or as spiritual and psychological conditions that people
experience transiently as a result of tensions and stresses of life, rather than
diseases of mind and brain with a scientific basis. They may believe that a mentally
ill individual can be spotted easily by asking few questions to determine if he/she is
'sane' or otherwise.
19. He further elaborated that another common misconception is that mental
illnesses can be very easily feigned in order to circumvent the law. He added that
there is a wrong impression as well that there are no specific assessment methods,
diagnostic laboratories, radiological tests, or known scientific, structural and
demonstrable means to determine or diagnose mental illnesses. He stressed that
these notions, unfortunately, do not have a scientific basis because psychiatric
disorders are like any other medical disorder. The diagnosis and objective
determination of such disorders is a highly technical and a professional pursuit and
like all other medical disorders, can only be assessed by Psychiatrists with the help
of mental health professionals through rigorous clinical, psychometric and
scientific electrophysiological and radiological tests and scans of functions of brain
and mind. He also added that a mentally ill individual with disturbed higher mental
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